AKLESH KUMAR SINGH Vs. STATE OF BIHAR
LAWS(JHAR)-2004-1-58
HIGH COURT OF JHARKHAND
Decided on January 09,2004

Aklesh Kumar Singh Appellant
VERSUS
STATE OF BIHAR Respondents

JUDGEMENT

AMARESHWAR SAHAY, J. - (1.) IN the present writ application, the petitioner has prayed for quashing of the order as contained in Annexure 7 to the writ application, whereby the disciplinary authority of the petitioner by order dated 31.8.1987 imposed punishment of dismissal from Service on the basis of the Enquiry Report of the departmental proceeding against the petitioner and also the order of the appellate authority as contained in Annexures 8, 8/1 and 8/2 to the writ application passed by the D.I.G., Director General of Police and the State Government dismissing the appeal and confirming the punishment awarded to the petitioner by the disciplinary authority.
(2.) THE facts of the matter in short are that the petitioner was a Police Constable posted in Bihar Military Police No. IV, Bokaro and he was charged for committing forgery and fraud by doing a wrong entry in the record of Company Office and also for taking diet allowances for the unauthorised period and, accordingly, for the said charges, a departmental proceeding was initiated against him. The Enquiry Officer submitted his report after conclusion of the departmental enquiry against the petitioner wherein it was found that the charges levelled against the petitioner were established and proved. Thereafter the petitioner was asked to show cause. It appears from Annexure 7 i.e. the order of the disciplinary authority that in spite of notice to show cause, the petitioner did not submit show cause and, accordingly, the disciplinary authority on the basis of the Enquiry Report and after considering the materials on record passed an order holding the petitioner to be guilty and imposed punishment of dismissal from service, effective from 29.8.1984. The said order was communicated to the petitioner vide Memo. No. 2925 dated 31.8.1987.
(3.) THE petitioner filed an Appeal before the Deputy Inspector General of Police, Ranchi against the order passed by disciplinary authority. The Deputy Inspector General of Police after considering the entire materials on record, by his detail order as contained in Annexure 8 to the writ application, also concurred with the findings of the disciplinary authority and considering the gravity of charges against the petitioner held that the order of dismissal was perfectly justified and thereby dismissed the appeal.;


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